Kolkata Court September 1949 Judgments
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Gangadhar Ram Chandra, a Firm Vs. Dominion of India
Court: Kolkata
Decided on: Sep-09-1949
Reported in: AIR1950Cal394
ORDERDas Gupta, J.1. 240 bags of rape seed were booked from Delhi to Burdwan on 17th March 1947, the present petitioner being the consignee. He took delivery on 18th April 1947. All the 240 bags were delivered, but of these 7 had been cut and there was a resultant shortage in the contents, of 3 maunds 35 seers, as certified by the goods clerk who gave delivery. The petitioner having sued the Railway Company for compensation for this loss, the defendants pleaded that due to the special protection afforded by a certain clause in Risk Note A under which the consignment had been sent, the plaintiff could not succeed unless misconduct on the part of the Railway administration's servants was proved and that there was no such misconduct. It was further contended that the plaintiff's claim was barred by limitation. 2. The learned Judge of the Small CauseCourt who tried the suit came to the conclusion that the defendants were entitled to protection of the clause in Risk note A, that no miscondu...
Asgarali and ors. Vs. Dinanath Kumar and ors.
Court: Kolkata
Decided on: Sep-08-1949
Reported in: AIR1950Cal135
Das, J.1. This appeal is on behalf of the plaintiff and arises out of a suit under Section 36, Bengal Money-lenders Act. The suit has been dismissed by the Courts below. The plaintiff now appeals to this Court.2. The facts are more or less admitted and may be stated as follows: On 20th December 1921, the plaintiff borrowed a sum of Rs. 1493 8-0 on a mortgage of certain properties. The interest stipulated to be paid was Rs. 1 per cent. per month. On 7th July 1922, the plaintiff again borrowed a sum of Rs. 995. The interest stipulated Rs. 1-4-0 per cent. per annum with annual rests. A sum of Rs. 408.15 0 was paid by the plaintiff towards the interest due on the aforesaid mortgages. In 1934 the defendants instituted a suit for recovery of the sums due on the said mortgages. The claim was laid at Rs. 1800 on the first mortgage and a sum of Rs. 700 on the second mortgage. No interest was claimed. On 12th February 1936, a preliminary decree was passed in the mortgage suit for a sum of Rs. 27...
Yakub Sheikh and anr. Vs. the King
Court: Kolkata
Decided on: Sep-08-1949
Reported in: AIR1950Cal340,54CWN373
ORDERSen, J.1. This rule has been obtained by the two accused who have been convicted of having committed theft. The first accused Yakub Sheikh has been sentenced to pay a fine of Rs. 200 in default to undergo rigorous imprisonment for three months. The second accused Malek Sheikh has been dealt with in accordance with the provisions of Section 562, Criminal P. C. and released after due admonition. Half of the fine has been directed to be paid to Kalu Santal as compensation.2. The case for the prosecution is that Kalu Santal was in possession of certain land as the adiar of one Charan Das Chatterjee. He grew paddy on the land and reaped it. On the date of occurrence the two accused persons came there and removed paddy and straw in spite of protests. The defence taken is a denial of the occurrence and it was contended on behalf of the defence that the land on which the paddy was grown belonged to the accused Yakub. The learned Magistrate has disbelieved the defence case and convicted th...
Sm. Suraj Jan Bibee Vs. Banku Behary Saha
Court: Kolkata
Decided on: Sep-08-1949
Reported in: AIR1950Cal428,54CWN281
Harries, C.J.1. This is an appeal from an order of Banerjee J. sitting on the Original Side dated 28th March 1949 allowing an application for execution of a decree. 2. The respondent obtained a consent decree against the appellant on 3rd January 1946, and by that decree the defendant undertook to deliver possession within six months, execution of the decree being stayed for that time. The defendant did not vacate at the expiry of the period of six months and on 3rd December 1948, the Court made an order directing the Sheriff to deliver possession of the premises to the respondent. The Sheriff failed to deliver possession and an application was made to the Court for an order that the Sheriff of Calcutta be directed to deliver possession of the land and premises known as No. 2, Nayan Krishna Saha lane in the mode described by Order 21, Rule 35, Civil P. C. 3. The appellant resisted the application and claimed to be a thika tenant and entitled to the protection given by the Calcutta Thika...
Upendra Nath Sinha Vs. Maharajadhiraj of Burdwan and anr.
Court: Kolkata
Decided on: Sep-07-1949
Reported in: AIR1950Cal146,54CWN310
ORDERG.N. Das, J.1. This rule was obtained by an applicant under Section 37A, Bengal Agricultural Debtors Act and is directed against an order dated 28th September 1948 passed by the learned District Judge of Birbhum.2. The facts are not in dispute and may be stated as follows: The disputed land formed part of a non-transferable occupancy holding which was held under the opposite party No. 1. On 10th March 1927 one Panchanan Singh, the predecessor-in-interest of the petitioner, purchased a share in the said holding. In execution of a certificate for arrears of rent obtained by the landlord opposite party No. 1 against the recorded tenant, the disputed holding was brought to sale on 22nd November 1938 and was purchased by the certificate, holder. Thereafter the purchaser at the certificate sale took possession on 2nd July 1942. To these proceedings Panchanan Singh or the present petitioner was not made a party, presumably because the purchase by Panchanan Singh was not recognised by the...
Bankim Chandra Paira and anr. Vs. Anand Bazar Patrika and anr.
Court: Kolkata
Decided on: Sep-05-1949
Reported in: AIR1950Cal129
Lahiri, J.1. This Rule was issued upon the Editor, Printer and Publisher of the Ananda Bazar Fatrika and the Swaraj O Sangathan to show cause why they should not be committed for contempt for publications in their respective newspapers of news items published on 5th July 1949 and 8th July 1949 respectively under the captions 'Narayangarh--Midnapore' and 'Paddy looted during broad day light'. The Ananda Bazar Patrika is a very influential and popular Bengali daily published from Calcutta and enjoying a very large circulation amongst the Bengali speaking population of this province and also beyond its borders. The Swaraj O Sangathan is also an influential Bengali Weekly published by the District Congress Office, Midnapore.2. An official translation of the publication in the Ananda Bazar Patrika runs as follows:'Narayangarh (Midnapore)Trouble created by Communists--The Communists looted away about 70 maunds of paddy in broad daylight from a paddy granary of Laxmi Narayan Prodhan in villag...
Sutlej Cotton Mills Ltd. Vs. Commissioner of Income-tax
Court: Kolkata
Decided on: Sep-05-1949
Reported in: AIR1950Cal551,[1950]18ITR112(Cal)
Harries, C.J. 1. This is a Reference made by the Appellate Tribunal, Bombay Bench, under Section 66(1), Income-tax Act stating a case upon the following question:'Whether in the circumstances of the case and having regard to the fact that the applicant company is 'Resident in British India,' Section 42 has been validly invoked.' 2. The assessee was a limited liability company having its head office at Calcutta and a factory at Okara in British India where cloth was manufactured. The cloth so manufactured was sold by the assessee on a wholesale basis both within and without British India. During the year of account, the assessee had three selling offices in certain Indian States. The goods sold at these centres were sent out from the factory at a profit margin of 9 per cent, on cost.3. The Income-tax Officer dealing with the assessment for the relevant year came to the conclusion that on the facts which I have set cut the provisions of Section 42, Income-tax Act, were applicable and he ...
Jahnabi Prosad Banerjee and anr. Vs. Basudeb Paul and ors.
Court: Kolkata
Decided on: Sep-05-1949
Reported in: AIR1950Cal536,54CWN626
G.N. Das, J.1. This rule was obtained by the defendants againt the decision of Mr. Subodh Chandra Mukherjee, learned Subordinate Judge, 1st Additional Court, Alipur, District 24 Parganas; whereby he decreed the suit filed by the plaintiff for setting aside the election of ward No. V of Naihati Municipality. 2. The relevant facts are that Basudeo Paul Opposite party No. 1 filed his nomination paper as a candidate from Ward V for the impending election of the Naihati Municipality. The nomination paper was rejected by the Chairman of the Municipality; an appeal to the District Magistrate was dismissed. The election then took place and petitioner No. 1 was declared elected from the general seat in Ward V and Petitioner No. 2 was declared elected from the reserved seat. The opposite party No. 1 then brought the present suit being Title Suit No. 32 of 1946 in the Court of the District Judge, Alipur for a declaration that the rejection of his nomination paper by the Election Authorities of th...
Commr. of Income-tax Vs. Globe theatres Ltd.
Court: Kolkata
Decided on: Sep-02-1949
Reported in: AIR1952Cal145,[1950]18ITR403(Cal)
Harries, C.J.1. This is a Reference made by the Appellate Tribunal, Bombay Bench, under Section 66, Income-tax Act, stating a case for the opinion of this Court upon the following question:'Whether, on the facts & circumstances of the case, the sum of Rs. 10,000/- paid by the assessee to Madras Publishing House, or any part thereof was an allowable deduction in computing the assessee's income under Section 10 Income-tax Act.'The assessees were Messrs. Globe Theatres Ltd., a public joint stock company, which carry on business as exhibitors of cinema pictures. For the purpose of the business they own certain cinemas & take leases of others & at present they are running seven cinemas in various cities in India.2. It appears that the assessees in the year 1937 advanced a sum of Rs. 10,000/- to a company in Madras known as the Madras Publishing House Ltd. It seems that this latter company were proposing to build a cinema in Madras & this sum was advanced upon an undertaking given by the Mad...
Bholanath Chatterjee and anr. Vs. Chandra Shekhar Bhattacherjee
Court: Kolkata
Decided on: Sep-02-1949
Reported in: AIR1950Cal53
ORDERG.N. Das, J.1. This rule was obtained by the de-fend ant against an order of the Munsiff of Dubrajpur, District Birbhum, dated 28th September 1948. By the said order the learned Munsiff overruled certain objections taken by the defendant to the filing of the award made on a reference through the intervention of the Court and also directed that a decree be drawn up in terms of the award. The petitioner in this case did not file an appeal under Section 17, Arbitration Act because it is stated before me there was no ground for such an appeal. The complaint of the petitioner is against the order of the Munsiff over-ruling his objections to the filing of the award. An appeal lies against such a decision, under Section 39(1)(vi), Arbitration Act. It is not disputed on behalf of the petitioner that ordinarily such an appeal was competent. What is contended for is that the appeal was not competent in this case because by the same order which overruled his objections to the filing of the a...
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